CHILDREN AND THE LAW
......Admissibility of Social Study
21 Cards On This Topic:
Social study, and hearsay evidence in it, generally admissible and constitutes competent evidence on which finding of jurisdiction may be based, subject to hearsay objections and subpoenaed testimony.
Court shall consider any study made by probation officer or court appointed child advocate prior to disposition.
Court shall consider any study made by probation officer in any matter involving custody, status, or welfare of a minor.
Social study report admissible, subject to cross-examination.
Hearsay stmts in social study admissible even if they don't meet reqs of child dependency exception and even if M incompetent to testify; they may not be sole basis for jurisdictional finding unless court finds special indicia of reliability.
Social study reports are competent evidence to support finding of jurisdiction in dependency proceeding.
Social worker's testimony at dispositional hearing, based on substance abuse counselor's hearsay voice mail message, properly admitted where evidence was relevant and otherwise reliable.
Juvenile court had inherent authority to issue the injunction against mother to protect DCFS staff under W&IC 281 and Malinda S.; hearsay contained in SW's declaration was admissible.
Court may rely on social worker’s report if parties afforded opportunity to cross-examine.
Parent can’t be deprived of right to cross examine social workers who wrote social studies supporting jurisdiction; due process not regained in absentia by representation.
Social services reports competent evidence at all dependency hearings under implicit exception to hearsay rule created by W&IC §281.
Deciding dependency solely on social worker’s report, and refusing request to cross-examine, denied father right of confrontation.
Foundation for admission of social studies report made by properly designated official agent of appropriate training and authority.
Minor’s statements in social study report regarding molestation are admissible for W&I 300 finding even though minor incompetent to testify in court.
Hearsay statements in social report by child later found incompetent to testify admissible where incompetency not based on inability to distinguish truth and falsehood.
Refusal to strike child’s statements from social study didn’t violate accused’s confrontation right where child unavail. due to incompetency, social report reliable & X-exam of preparer made.
Admission of Ms’ hearsay stmts in social study not supported by evidence of competency at time stmts made; rev’d & remanded with instructions on competency determination and burdens of prf/prod.
In sustaining dependency petition, juvenile court may properly consider social report which contains hearsay.
Social study report containing information relevant and material to Welf. & Inst. Code §300 jurisdictional hearing is admissible.
Use of hearsay in social studies report in dependency hearings.
Admissibility of social study report in dispositional hearings.